Omnibus Election Code

Sec. 118. Disqualifications. - The following shall be disqualified from voting

(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been
removed by plenary pardon or granted amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically reacquire
the right to vote upon expiration of five years after service of sentence.

(b) Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law: Provided,
That he shall regain his right to vote automatically upon expiration of five years
after service of sentence.

(c) Insane or incompetent persons as declared by competent authority.

EXECUTIVE ORDER NO. 157

PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND EMPLOYEES OF

GOVERNMENT WHO ARE AWAY FROM THE PLACE OF THEIR REGISTRATION
BY REASON OF OFFICIAL FUNCTIONS ON ELECTION DAY

WHEREAS, under the electoral law now in force the rule is that a person has to
be physically present in the polling place whereof he is a registered voter in
order to be able to vote;

WHEREAS, the only exception is that established by Section 169 of Batas

Pambansa Blg. 881, which allows members of the board of election inspectors to
vote in the polling place where they are assigned on election day, under certain
conditions;

WHEREAS, there are other persons who, by reason of public functions and
duties, are assigned on election day in places other than their place of
registration, and under existing rules, are thus unable to vote;

WHEREAS, the democratic principle requires the broadest participation in

electoral and similar exercises by persons who have all the qualifications and
none of the disqualifications to vote;

WHEREAS, government officials and employees who are assigned to places other
than their place of registration must not be deprived of their right to participate
in electoral exercises;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do

hereby order:
Sec. 1. Any person who by reason of public functions and duties, is not in his/her
place of registration on election day, may vote in the city/municipality where
he/she is assigned on election day: Provided, That he/she is a duly registered
voter.

Sec. 2. Thirty (30) days before the election, the appropriate head of office shall
submit to the Commission on Elections a list of officers and employees of the
office who are registered voters, and who, by reason of their duties and
functions, will be in places other than their place of registration, and who desire
to exercise their right to vote, with the request that said officers and employees
be provided with application forms to cast absentee ballots in their place of
assignment.

The list and the request shall be under oath.

Sec. 3. Upon verification by the Commission on Elections that the persons

included in the list are qualified voters, it shall transmit the exact number of
application forms to the head of the office making the request.

Sec. 4. The application forms shall be returned only accomplished to the

Commission on Elections not later than April 25, 1987.

Sec. 5. Upon verification of the applications, the Commission shall transmit the
exact number of absentee ballots to the appropriate head of the government
office for distribution to the applicants.

Sec. 6. The head of the office shall prepare a sworn report on the manner of
distribution of the absentee ballots, indicating therein the number of ballots
transmitted to each province, the names of the persons to whom the absentee
ballots are delivered, and the serial numbers of ballots. It shall be accompanied
by a certificate of eligibility to vote absentee for each particular voter.

Sec. 7. For the purpose of the 1987 congressional election, the absentee voters
shall vote only for candidates for senator.

Sec. 8. The voters who cast absentee votes shall vote one week before election
day. They shall do so by delivering to the Commission on Elections Regional
Director, or the Provincial Election Supervisor or the City or Municipal Election
Registrar of the place of their assignment ballot within two security envelopes,
the one containing the absentee ballots indicating only that it is an envelope of
the Commission on Elections, and the other envelope indicating the name of the
absentee voter and his/her affidavit number.

Sec. 9. The Commission on Elections official concerned to whom the absentee

vote is delivered shall immediately transmit by the fastest means available to the
Commission on Elections the special Commission on Elections absentee ballot
within two security envelopes so that the same are in the central office of the
Commission one day before the elections.
The transmittal letter shall indicate the names of the persons who cast the
absentee votes, their voters' affidavit numbers and their certificates of eligibility
to vote absentee.

Sec. 10. The Commission on Elections shall canvass the votes cast by absentee
voters and shall add the results of the same to the votes reported throughout the
country.

Sec. 11. The Commission shall promulgate the necessary rules and regulations to
implement this Executive Order.

Sec. 12. Section 169 of Batas Pambansa Blg. 881 shall remain in force and effect,
and shall continue to govern the voting privilege of members of the Board of
Election Inspectors. All laws, orders, issuances, rules and regulations or parts
thereof inconsistent with this Executive Order are hereby repealed or modified
accordingly. lawphi1.net

Sec. 13. This Executive Order shall take effect immediately.

Republic Act No. 7166

AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS

AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR,
AND FOR OTHER PURPOSES

Section 12.

Absentee Voting. - Absentee voting as provided for in Executive Order No. 157
dated March 30, 1987 shall apply to the elections for President, Vice-President
and Senators only and shall be limited to members of the Armed Forces of the
Philippines and the Philippine National Police and other government officers and
employees who are duly registered voters and who, on election day, may
temporarily be assigned in connection with the performance of election duties to
place where they are not registered voters.

REPUBLIC ACT No. 10380

AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Declaration of Policy. – The State shall ensure the free exercise of the
right of suffrage by all citizens of the Philippines not otherwise disqualified by
law.

Section 2. Local Absentee Voting for Members of Media. – The Commission on

Elections shall extend the right to vote under the local absentee voting system
provided under existing laws and executive orders to members of media, media
practitioners, including the technical and support staff, who are duly registered
voters and who, on election day, may not be able to vote due to the performance
of their functions in covering and reporting on the elections: Provided, That they
shall be allowed to vote only for the positions of President, Vice President,
Senators and Party-List Representative.

Section 3. Implementing Rules and Regulations. – The Commission on Elections

shall, within thirty (30) days from the effectivity of this Act, promulgate the
implementing rules and regulations which shall include a system of accreditation
and verification of the members of media, media practitioners, the technical and
support staff, who are qualified to avail of local absentee voting.

Section 4. Appropriations. – The initial funding of this Act shall be charged

against the current year’s appropriations or from any available savings of the
Commission on Elections. Thereafter, such amount as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

Republic Act No. 9189 February 13, 2003

AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY

QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Section 1. Short Title. – This Act shall be known as "The Overseas Absentee
Voting Act of 2003."

Sec. 2. Declaration of Policy. – It is the prime duty of the State to provide a system
of honest and orderly overseas absentee voting that upholds the secrecy and
sanctity of the ballot. Towards this end, the State ensures equal opportunity to all
qualified citizens of the Philippines abroad in the exercise of this fundamental
right.

Sec. 3. Definition of Terms. – For purposes of this Act:

a. "Absentee Voting" refers to the process by which qualified citizens of the

Philippines abroad exercise their right to vote;

b. "Commission" refers to the Commission on Elections;

c. "Certified List of Overseas Absentee Voters" refers to the list of registered

overseas absentee voters whose applications to vote in absentia have been
approved by the Commission, said list to be prepared by the Committee on
Absentee Voting of the Commission, on a country-by-country basis. This list shall
be approved by the Commission in an en banc resolution;
d. "Day of Election" refers to the actual date of elections in the Philippines;

e. "National Registry of Absentee Voters" refers to the consolidated list prepared,

approved and maintained by the Commission, of overseas absentee voters whose
applications for registration as absentee voters, including those registered voters
who have applied to be certified as absentee voters, have been approved by the
Election Registered Board;

f. "Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified

to register and vote under this Act, not otherwise disqualified by law, who is
abroad on the day of elections.

Sec. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least eighteen (18) years of age on the day of elections,
may vote for president, vice-president, senators and party-list representatives.

Sec. 5. Disqualifications. – The following shall be disqualified from voting under

this Act:

1. Those who have lost their Filipino citizenship in accordance with Philippine
laws;

2. Those who have expressly renounced their Philippine citizenship and who
have pledged allegiance to a foreign country;

3. Those who have committed and are convicted in a final judgment by a court or
tribunal of an offense punishable by imprisonment of not less than one (1) year,
including those who have committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal Code, such disability not having
been removed by plenary pardon or amnesty; Provided, however, That any
person disqualified to vote under this subsection shall automatically acquire the
right to vote upon expiration of five (5) years after service of sentence; Provided,
further, That the Commission may take cognizance of final judgments issued by
foreign courts or tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on execution of
judgments;

4. An immigrant or a permanent resident who is recognized as such in the host

country, unless he/she executes, upon registration, an affidavit prepared for the
purpose by the Commission declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than three (3) years from
approval of his/her registration under this Act. Such affidavit shall also state that
he/she has not applied for citizenship in another country. Failure to return shall
be the cause for the removal of the name of the immigrant or permanent resident
from the National Registry of Absentee Voters and his/her permanent
disqualification to vote in absentia.
5. Any citizen of the Philippines abroad previously declared insane or
incompetent by competent authority in the Philippines or abroad, as verified by
the Philippine embassies, consulates or foreign service establishments
concerned, unless such competent authority subsequently certifies that such
person is no longer insane or incompetent.

Sec. 6. Personal Overseas Absentee Registration. – Registration as an overseas

absentee voter shall be done in person.

Qualified citizens of the Philippines abroad who failed to register under Republic
Act No. 8189, otherwise known as the "The Voters Registration Act of 1996",
may personally apply for registration with the Election Registration Board of the
city or municipality where they were domiciled immediately prior to their
departure from the Philippines, or with the representative of the Commission at
the Philippine embassies, consulates and other foreign service establishments
that have jurisdiction over the locality where they temporarily reside. Subject to
the specific guidelines herein provided, the Commission is hereby authorized to
prescribe additional procedures for overseas absentee registration pursuant to
the provisions of Republic Act No. 8189, whenever applicable, taking into strict
consideration the time zones and the various periods and processes herein
provided for the proper implementation of this Act. The embassies, consulates
and other foreign service establishments shall transmit within (5) days from
receipt the accomplished registration forms to the Commission, after which the
Commission shall coordinate with the Election Officer of the city or municipality
of the applicant’s stated residence for verification, hearing and annotation in the
permanent list of voters.

All applications for the May, 2004 elections shall be filed with the Commission
not later than two hundred eighty (280) calendar days before the day of
elections. For succeeding elections, the Commission shall provide for the period
within which applications to register must be filed.

In the case of seafarers, the Commission shall provide a special mechanism for
the time and manner of personal registration taking into consideration the
nature of their work.

6.1. Upon receipt of the application for registration, the Election Officer shall
immediately set the application for hearing, the notice of which shall be posted in
a conspicuous place in the premises of the city or municipal building of the
applicant’s stated residence for at least one (1) week before the date of the
hearing. The Election Officer shall immediately furnish a copy of the application
to the designated representatives of political parties and other accredited
groups.

6.2. If no verified objection to the application is filed, the Election Officer shall
immediately forward the application to the Election Registration Board, which
shall decide on the application within one (1) week from the date of hearing
without waiting for the quarterly meeting of the Board. The applicant shall be
notified of the approval or disapproval of his/her application by registered mail.
6.3. In the event that an objection to the application is filed prior to or on the
date of hearing, the Election Officer shall notify the applicant of said objection by
registered mail, enclosing therein copies of affidavits or documents submitted in
support of the objection filed with the said Election Officer, if any. The applicant
shall have the right to file his counter-affidavit by registered mail, clearly stating
therein facts and defenses sworn before any officer in the host country
authorized to administer oaths.

6.4. The application shall be approved or disapproved based on the merits of the
objection, counter-affidavit and documents submitted by the party objecting and
those of the applicant.

6.5 A Certificate of Registration as an overseas absentee voter shall be issued by

the Commission to all applicants whose applications have been approved,
including those certified as registered voters. The Commission shall include the
approved applications in the National Registry of Absentee Voters.

6.6. If the application has been approved, any interested party may file a petition
for exclusion not later than two hundred ten (210) days before the day of
elections with the proper municipal or metropolitan trial court. The petition
shall be decided within fifteen (15) days after its filing on the basis of the
documents submitted in connection therewith. Should the court fail to render a
decision within the prescribed period, the ruling of the Election Registration
Board shall be considered affirmed.

6.7. If the application has been disapproved, the applicant or his authorized
representative shall, within a period of five (5) days from receipt of the notice of
disapproval, have the right to file a petition for inclusion with the proper
municipal or metropolitan trial court. The petition shall be decided within five
(5) days after its filing on the basis of documents submitted in connection
therewith.

Qualified citizens of the Philippines abroad, who have previously registered as

voters pursuant to Republic Act No. 8189 shall apply for certification as absentee
voters and for inclusion in the National Registry of Overseas Absentee Voters,
with a corresponding annotation in the Certified Voters’ List.

Sec. 7. System of Continuing Registration. – The Commission shall ensure that the
benefits of the system of continuing registration are extended to qualified
overseas absentee voters. Towards this end, the Commission shall optimize the
use of existing facilities, personnel and mechanisms of the various government
agencies for purposes of data gathering, data validation, information
dissemination and facilitation of the registration process.

Pre-departure programs, services and mechanisms offered and administered by

the Department of Foreign Affairs, Department of Labor and Employment,
Philippine Overseas Employment Administration, Overseas Workers’ Welfare
Administration, Commission on Filipinos Overseas and other appropriate
agencies of the government shall be utilized for purposes of supporting the
overseas absentee registration and voting processes, subject to limitations
imposed by law.
Sec. 8. Requirements for Registration. – Every Filipino registrant shall be
required to furnish the following documents:

a. A valid Philippine passport. In the absence of a valid passport, a certification of

the Department of Foreign Affairs that it has reviewed the appropriate
documents submitted by the applicant and found them sufficient to warrant the
issuance of a passport, or that the applicant is a holder of a valid passport but is
unable to produce the same for a valid reason;

b. Accomplished registration form prescribed by the Commission containing the

following mandatory information:

i. Last known residence of the applicant in the Philippines before leaving for
abroad;

ii. Address of applicant abroad, or forwarding address in the case of seafarers;

iii. Where voting by mail is allowed, the applicant’s mailing address outside the
Philippines where the ballot for absentee voters will be sent, in proper cases;
and;

iv. Name and address of applicant’s authorized representative in the Philippines

for purposes of Section 6.7 and Section 12 hereof.

c. In the case of immigrants and permanent residents not otherwise disqualified

to vote under this Act, an affidavit declaring the intention to resume actual
physical permanent residence in the Philippines not later than three (3) years
after approval of his/her registration as an overseas absentee voter under this
Act. Such affidavit shall also state that he/she has not applied for citizenship in
another country.

The Commission may also require additional data to facilitate registration and
recording. No information other than those necessary to establish the identity
and qualification of the applicant shall be required.
Sec. 9. National Registry of Overseas Absentee Voters. – The Commission shall
maintain a National Registry of Overseas Absentee Voters. Approved
applications of overseas absentee registrants shall also be included in the
permanent list of voters of the city or municipality where the registrant is
domiciled, with the corresponding annotation that such person has been
registered or will be voting as an overseas absentee voter. The registry shall also
include those registered under Republic Act No. 8189 and who have been issued
certifications as overseas absentee voters. The entries in the National Registry of
Overseas Absentee Voters and the annotations as overseas absentee voters in
the Certified Voters’ List shall be permanent, and cannot be cancelled or
amended except in any of the following cases:

9.1. When the overseas absentee voter files a letter under oath addressed to the
Commission that he/she wishes to be removed from the Registry of Overseas
Absentee Voters, or that his/her name be transferred to the regular registry of
voters; or,

9.2. When an overseas absentee voter’s name was ordered removed by the
Commission from the Registry of Overseas Absentee Voters for his/her failure to
exercise his/her right to vote under this Act for two (2) consecutive national
elections.

Sec. 10. Notice of Registration and Election. – The Commission shall, through the
embassies, consulates and other foreign service establishments, cause the
publication in a newspaper of general circulation of the place, date and time of
the holding of a regular or special national election and the requirements for the
participation of qualified citizens of the Philippines abroad, at least six (6)
months before the date set for the filing of applications for registration.

The Commission shall determine the countries where publication shall be made,
and the frequency thereof, taking into consideration the number of overseas
Filipinos present in such countries. Likewise, the Commission and the
Department of Foreign Affairs shall post the same in their respective websites.

Sec. 11. Procedure for Application to Vote in Absentia. –

11.1. Every qualified citizen of the Philippines abroad whose application for
registration has been approved, including those previously registered under
Republic Act No. 8189, shall, in every national election, file with the officer of the
embassy, consulate or other foreign service establishment authorized by the
Commission, a sworn written application to vote in a form prescribed by the
Commission. The authorized officer of such embassy, consulate or other foreign
service establishment shall transmit to the Commission the said application to
vote within five (5) days from receipt thereof. The application form shall be
accomplished in triplicate and submitted together with the photocopy of his/her
overseas absentee voter certificate of registration.

11.2. Every application to vote in absentia may be done personally at, or by mail
to, the embassy, consulate or foreign service establishment, which has
jurisdiction over the country where he/she has indicated his/her address for
purposes of the elections.

11.3. Consular and diplomatic services rendered in connection with the overseas
absentee voting processes shall be made available at no cost to the overseas
absentee voter.

Sec. 12. Verification and Approval of Application to Vote. – All applications shall
be acted upon by the Commission upon receipt thereof, but in no case later than
one hundred fifty (150) days before the day of elections. In the event of
disapproval of the application, the voter or his authorized representative may
file a Motion for Reconsideration with the Commission personally, or by
registered mail, within ten (10) days from receipt of the notice of disapproval.
The Commission shall act within five (5) days from receipt of such Motion for
Reconsideration and shall immediately notify the voter of its decision. The
decision of the Commission shall be final and executory.

The Commission shall issue an overseas absentee voter identification card to

those whose applications to vote have been approved.

Sec. 13. Preparation and Posting of Certified List of Overseas Absentee Voters. –
The Commission shall prepare the Certified List of Overseas Absentee Voters
within one hundred twenty (120) days before every election, and furnish within
the same period copies thereof to the appropriate embassies, consulates and
other foreign service establishments, which shall post the same in their bulletin
boards within ten (10) days from receipt thereof.

Subject to reasonable regulation and the payment of fees in such amounts as may
be fixed by the Commission, the candidates, political parties, accredited citizens’
arms, interested persons and all embassies, consulates and other foreign service
establishments shall be furnished copies thereof.
Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election Forms
and Paraphernalia. –

14.1. The Commission shall cause the printing of ballots for overseas absentee
voters, voting instructions, and election forms in such number as may be
necessary, but in no case shall it exceed the total number of approved
applications. Security markings shall be used in the printing of ballots for
overseas absentee voters.

14.2. The Commission shall present to the authorized representatives of the

Department of Foreign Affairs and the accredited major political parties the
ballots for overseas absentee voters, voting instructions, election forms and
other election paraphernalia for scrutiny and inspection prior to their
transmittal to the embassies, consulates and other foreign service
establishments concerned.

14.3. The Commission shall, not later than seventy-five (75) days before the day
of elections, transmit by special pouch to the embassies, consulates and other
foreign service establishments, the exact number of ballots for overseas absentee
voters corresponding to the number of approved applications, along with such
materials and election paraphernalia necessary to ensure the secrecy and
integrity of the election.

14.4. The authorized representatives of accredited major political parties shall

have the right to be present in all phases of printing, transmittal, and casting of
ballots abroad. Unclaimed ballots properly marked as such, shall be cancelled
and shipped to the Commission by the least costly method.

Sec. 15. Regulation on Campaigning Abroad. – The use of campaign materials, as

well as the limits on campaign spending shall be governed by the laws and
regulations applicable in the Philippines.

Sec. 16. Casting and Submission of Ballots. –

16.1. Upon receipt by the designated officer of the embassy, consulate and other
foreign service establishments of the ballots for overseas absentee voters, voting
instructions, election forms and other paraphernalia, he/she shall make them
available on the premises to the qualified overseas absentee voters in their
respective jurisdictions during the thirty (30) days before the day of elections
when overseas absentee voters may cast their vote. Immediately upon receiving
it, the overseas absentee voter must fill-out his/her ballot personally, in secret,
without leaving the premises of the embassies, consulates and other foreign
service establishments concerned.

16.2. The overseas absentee voter shall personally accomplish his/her ballot at
the embassy, consulate or other foreign service establishment that has
jurisdiction over the country where he/she temporarily resides or at any polling
place designated and accredited by the Commission.

16.3. The overseas absentee voter shall cast his ballot, upon presentation of the
absentee voter identification card issued by the Commission, within thirty (30)
days before the day of elections. In the case of seafarers, they shall cast their
ballots anytime within sixty (60) days before the day of elections as prescribed
in the Implementing Rules and Guidelines.

16.4. All accomplished ballots received shall be placed unopened inside sealed
containers and kept in a secure place designated by the Commission.

16.5. The embassies, consulates and other foreign service establishments

concerned shall keep a complete record of the ballots for overseas absentee
voters, specifically indicating the number of ballots they actually received, and in
cases where voting by mail is allowed under Section 17 hereof, the names and
addresses of the voters to whom these ballots were sent, including proof of
receipt thereof. In addition, the embassies, consulates and other foreign service
establishments shall submit a formal report to the Commission and the Joint
Congressional Oversight Committee created under this Act within thirty (30)
days from the day of elections. Such report shall contain data on the number of
ballots cast and received by the offices, the number of invalid and unclaimed
ballots and other pertinent data.

16.6. The overseas absentee voter shall be instructed that his/her ballot shall not
be counted if it is not inside the special envelope furnished him/her when it is
cast.

16.7. Ballots not claimed by the overseas absentee voters at the embassies,
consulates and other foreign service establishments, in case of personal voting,
and ballots returned to the embassies, consulates and other foreign service
establishments concerned, in the case of voting by mail, shall be cancelled and
shipped to the Commission by the least costly method within six (6) months
from the day of elections.
16.8. Only ballots cast, and mailed ballots received by the Philippine embassies,
consulates and other foreign service establishments concerned in accordance
with Section 17 hereof before the close of voting on the day of elections shall be
counted in accordance with Section 18 hereof. All envelopes containing the
ballots received by the embassies, consulates and other foreign service
establishments after the prescribed period shall not be opened, and shall be
cancelled and shipped to the Commission by the least costly method within six
(6) months from the day of elections.

16.9. A Special Ballot Reception and Custody Group composed of three (3)
members shall be constituted by the Commission from among the staff of the
embassies, consulates and other foreign service establishments concerned,
including their attached agencies, and citizens of the Philippines abroad, who
will be deputized to receive ballots and take custody of the same preparatory to
their transmittal to the Special Boards of Election Inspectors.

16.10. During this phase of the election process, the authorized representatives
of the political parties, candidates, and accredited citizens’ arms of the
Commission shall be notified in writing thereof and shall have the right to
witness the proceedings.

16.11. The Commission shall study the use of electronic mail, Internet, or other
secured networks in the casting of votes, and submit a report thereon to the Joint
Congressional Oversight Committee.

Sec. 17. Voting by Mail. –

17.1. For the May, 2004 elections, the Commission shall authorize voting by mail
in not more than three (3) countries, subject to the approval of the Congressional
Oversight Committee. Voting by mail may be allowed in countries that satisfy the
following conditions:

a. Where the mailing system is fairly well-developed and secure to prevent the
occasion of fraud;

b. Where there exists a technically established identification system that would

preclude multiple or proxy voting; and,
c. Where the system of reception and custody of mailed ballots in the embassies,
consulates and other foreign service establishments concerned are adequate and
well-secured.

Thereafter, voting by mail in any country shall be allowed only upon review and
approval of the Joint Congressional Oversight Committee.

17.2. The overseas absentee voters shall send his/her accomplished ballot to the
corresponding embassy, consular or other foreign service establishment that has
jurisdiction over the country where he/she temporarily resides. He/She shall be
entitled to cast his/her ballot at any time upon his/her receipt thereof, provided
that the same Is received before the close of voting on the day of elections. The
overseas absentee voter shall be instructed that his/her ballot shall not be
counted if not transmitted in the special envelope furnished him/her.

17.3. Only mailed ballots received by the Philippine embassy, consulate and
other foreign service establishments before the close of voting on the day of
elections shall be counted in accordance with Section 18 hereof. All envelopes
containing the ballots received by the embassies, consulates and other foreign
service establishments after the prescribed period shall not be opened, and shall
be cancelled and disposed of appropriately, with a corresponding report thereon
submitted to the Commission not later than thirty (30) days from the day of
elections.

Sec. 18. On-Site Counting and Canvassing. –

18.1. The counting and canvassing of votes shall be conducted on site in the
country where the votes were actually cast. The opening of the specially-marked
envelopes containing the ballots and the counting and canvassing of votes shall
be conducted within the premises of the embassies, consulates and other foreign
service establishments or in such other places as may be designated by the
Commission pursuant to the Implementing Rules and Regulations. The
Commission shall ensure that the start of counting in all polling places abroad
shall be synchronized with the start of counting in the Philippines.

18.2. For these purposes, the Commission shall constitute as many Special
Boards of Election Inspectors as may be necessary to conduct and supervise the
counting of votes as provided in Section 18.2 hereof. The Special Boards of
Election Inspectors to be constituted herein shall be composed of a Chairman
and two (2) members, one (1) of whom shall be designated as poll clerk. The
ambassador or consul-general, or any career public officer posted abroad
designated by the Commission, as the case may be, shall act as the chairman; in
the absence of other government officers, the two (2) other members shall be
citizens of the Philippines who are qualified to vote under this act and deputized
by the Commission not later than sixty (60) days before the day of elections. All
resolutions of the Special Board of Election Inspectors on issues brought before
it during the conduct of its proceedings shall be valid only when they carry the
approval of the chairman.

Immediately upon the completion of the counting, the Special Boards of Election
Inspectors shall transmit via facsimile and/or electronic mail the results to the
Commission in Manila and the accredited major political parties.

18.3. Only ballots cast on, or received by the embassies, consulates and other
foreign service establishments before the close of voting on the day of elections
shall be included in the counting of votes. Those received afterwards shall not be
counted.

18.4. A Special Board of Canvassers composed of a lawyer preferably of the

Commission as chairman, a senior career officer from any of the government
agencies maintaining a post abroad and, in the absence of another government
officer, a citizen of the Philippines qualified to vote under this Act deputized by
the Commission, as vice-chairman and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the Special Boards
of Election Inspectors. Immediately upon the completion of the canvass, the
chairman of the Special Board of Canvassers shall transmit via facsimile,
electronic mail, or any other means of transmission equally safe and reliable the
Certificates of Canvass and the Statements of Votes to the Commission, and shall
cause to preserve the same immediately after the conclusion of the canvass, and
make it available upon instructions of the Commission. The Special Board of
Canvassers shall also furnish the accredited major political parties and
accredited citizens’ arms with copies thereof via facsimile, electronic mail and
any other means of transmission equally safe, secure and reliable.

The Certificates of Canvass and the accompanying Statements of Votes as

transmitted via facsimile, electronic mail and any other means of transmission
equally safe, secure and reliable shall be the primary basis for the national
canvass.

18.5. The canvass of votes shall not cause the delay of the proclamation of a
winning candidate if the outcome of the election will not be affected by the
results thereof. Notwithstanding the foregoing, the Commission is empowered to
order the proclamation of winning candidates despite the fact that the scheduled
election has not taken place in a particular country or countries, if the holding of
elections therein has been rendered impossible by events, factors and
circumstances peculiar to such country or countries, and which events, factors
and circumstances are beyond the control or influence of the Commission.

18.6. In the preparation of the final tally of votes on the results of the national
elections, the Commission shall ensure that the votes canvassed by each and
every country shall be reflected as a separate item from the tally of national
votes. For purposes of this Act, the returns of every election for president and
vice-president prepared by the Special Board of Canvassers shall be deemed a
certificate of canvass of a city or province.

18.7. Where feasible, the counting and canvassing of votes shall be automated.
Towards this end, the Commission is hereby authorized to borrow, rent, lease or
acquire automated voting machines for purposes of canvassing and counting of
votes pursuant to the provisions of this Act, and in accordance with the
Implementing Rules and Regulations promulgated by the Commission.

Sec. 19. Authority of the Commission to Promulgate Rules. – The Commission

shall issue the necessary rules and regulations to effectively implement the
provisions of this Act within sixty (60) days from the effectivity of this Act. The
Implementing Rules and Regulations shall be submitted to the Joint
Congressional Oversight Committee created by virtue of this Act for prior
approval.

In the formulation of the rules and regulations, the Commission shall coordinate
with the Department of Foreign Affairs, Department of Labor and Employment,
Philippine Overseas and Employment Administration, Overseas Workers’
Welfare Administration and the Commission on Filipinos Overseas. Non-
government organizations and accredited Filipino organizations or associations
abroad shall be consulted.

Sec. 20. Information Campaign. – The Commission, in coordination with agencies

concerned, shall undertake an information campaign to educate the public on the
manner of absentee voting for qualified overseas absentee voters. It may require
the support and assistance of the Department of Foreign Affairs, through the
embassies, consulates and other foreign service establishments, Department of
Labor and employment, Department of Transportation and Communications,
Philippine Postal Corporation, Philippine Overseas Employment Administration,
Overseas Workers’ Welfare Administration and the Commission on Filipinos
Overseas. The Commission may deputize Filipino organizations/associations
overseas for the same purpose: Provided, That any such deputized
organization/association shall be prohibited from participating in the elections
by campaigning for or fielding candidates; Provided, further, That if any such
deputized organization/association is discovered to have a member who is not a
qualified overseas absentee voter as herein defined, such deputized
organization/association shall be banned from participating in any manner, and
at any stage, in the Philippine political process abroad.

Such information campaign shall educate the Filipino public, within and outside
the Philippines, on the rights of overseas absentee voters, absentee voting
processes and other related concerns. Information materials shall be developed
by the Commission for distribution, through the said government agencies and
private organizations. No government agency or accredited private
organizations shall prepare, print, distribute or post in websites any information
material without the prior approval of the Commission.

Sec. 21. Access to Official Records and Documents. – Subject to the pertinent
provisions of this Act, any person shall have the right to access and/or copy at
his expense all registration records, voters lists and other official records and
documents, subject to reasonable regulations as may be imposed by the
Commission.

Sec. 22. Assistance from Government Agencies. – All government officers,

particularly from the Department of Foreign Affairs, Department of Labor and
Employment, Department of Transportation and Communications, Philippine
Postal Corporation, Philippine Overseas Employment Administration, Overseas
Workers’ Welfare Administration, Commission on Filipinos Overseas and other
government offices concerned with the welfare of the Filipinos overseas shall, to
the extent compatible with their primary responsibilities, assist the Commission
in carrying out the provisions of this Act. All such agencies or officers thereof
shall take reasonable measures to expedite all election activities, which the
Commission shall require of them. When necessary, the Commission may send
supervisory teams headed by career officers to assist the embassies, consulates
and other foreign service establishment concerned.

Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. – At
all stages of the electoral process, the Commission shall ensure that the secrecy
and integrity of the ballots are preserved. The Committee on Absentee Voting of
the Commission shall be responsible for ensuring the secrecy and sanctity of the
absentee voting process. In the interest of transparency, all necessary and
practicable measures shall be adopted to allow representation of the candidates,
accredited major political parties, accredited citizens’ arms and non-government
organizations to assist, and intervene in appropriate cases, in all stages of the
electoral exercise and to prevent any and all forms of fraud and coercion.

No officer or member of the foreign service corps, including those belonging to

attached agencies shall be transferred, promoted, extended, recalled or
otherwise moved from his current post or position one (1) year before and three
(3) months after the day of elections, except upon the approval of the
Commission.

Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by law, it
shall be unlawful:

24.1. For any officer or employee of the Philippine government to influence or

attempt to influence any person covered by this Act to vote, or not to vote, for a
particular candidate. Nothing in this Act shall be deemed to prohibit free
discussion regarding politics or candidates for public office.

24.2. For any person to deprive any person of any right secured in this Act, or to
give false information as to his/her name, address, or period of residence for the
purposes of establishing his/her eligibility or ineligibility to register or vote
under this Act; or to conspire with another person for the purpose of
encouraging the giving of false information in order to establish the eligibility or
ineligibility of any individual to register or vote under this Act; or, to pay, or offer
to pay, or to accept payment either for application to vote in absentia or for
voting;

24.3. For any person to tamper with the ballot, the mail containing the ballots for
overseas absentee voters, the election returns, including the destruction,
mutilation and manipulation thereof;

24.4. For any person to steal, destroy, conceal, mutilate or alter any record,
document or paper as required for purposes of this Act;

24.5. For any deputized agent to refuse without justifiable ground, to serve or
continue serving, or to comply with his/her sworn duties after acceptance of
his/her appointment;
24.6. For any public officer or employee who shall cause the preparation,
printing, distribution of information material, or post the same in websites
without the prior approval of the Commission;

24.7. For any public officer or employee to cause the transfer, promotion,
extension, recall of any member of the foreign service corps, including members
of the attached agencies, or otherwise cause the movement of any such member
from his current post or position one (1) year before and three (3) months after
the day of elections, without securing the prior approval of the Commission;

24.8. For any person who, after being deputized by the Commission to undertake
activities in connection with the implementation of this Act, shall campaign for
or assist, in whatever manner, candidates in the elections;

24.9. For any person who is not a citizen of the Philippines to participate, by
word or deed, directly or indirectly through qualified organizations/associations,
in any manner and at any stage of the Philippine political process abroad,
including participation in the campaign and elections.

The provision of existing laws to the contrary notwithstanding, and with due
regard to the Principle of Double Criminality, the prohibited acts described in
this section are electoral offenses and punishable in the Philippines.

The penalties imposed under Section 264 of the Omnibus Election Code, as
amended, shall be imposed on any person found guilty of committing any of the
prohibited acts as defined in this section: Provided, That the penalty of prision
mayor in its minimum period shall be imposed upon any person found guilty of
Section 24.3 hereof without the benefit of the operation of the Indeterminate
Sentence Law. If the offender is a public officer or a candidate, the penalty shall
be prision mayor in its maximum period. In addition, the offender shall be
sentenced to suffer perpetual disqualification to hold public office and
deprivation of the right to vote.

Immigrants and permanent residents who do not resume residence in the

Philippines as stipulated in their affidavit under Section 5(d) within three (3)
years after approval of his/her registration under this Act and yet vote in the
next elections contrary to the said section, shall be penalized by imprisonment of
not less than one (1) year, and shall be deemed disqualified as provided in
Section 5(c) of this Act. His/her passport shall be stamped "not allowed to vote".
Sec. 25. Joint Congressional Oversight Committee. – A Joint Congressional
Oversight Committee is hereby created, composed of the Chairman of the Senate
Committee on Constitutional Amendments, Revision of Codes and Laws, and
seven (7) other Senators designated by the Senate President, and the Chairman
of the House Committee on Suffrage and Electoral Reforms, and seven (7) other
Members of the House of Representatives designated by the Speaker of the
House of Representatives: Provided, That, of the seven (7) members to be
designated by each House of Congress, four (4) should come from the majority
and the remaining three (3) from the minority.

The Joint Congressional Oversight Committee shall have the power to monitor
and evaluate the implementation of this Act. It shall review, revise, amend and
approve the Implementing Rules and Regulations promulgated by the
Commission.

Sec. 26. Applicability of Other Election Laws. – The pertinent provisions of the
Omnibus Election Code, as amended, and other election laws, which are not in
conflict with the provisions of this Act shall remain in full force and shall have
suppletory application to this Act.

Sec. 27. Enforcement and Administration by the Commission. – The Commission

shall, for the purpose of ensuring honest, orderly, peaceful and free elections
abroad, have exclusive charge of the enforcement, administration and
implementation of this Act.

Sec. 28. Mandatory Review. – Congress shall complete a mandatory review of this
Act within two (2) years following the May, 2004 elections for the purpose of
amending it to expand or restrict its coverage, scope and application, as well as
improve its procedures and institute measures and safeguards, taking into
account the experience of the previous election, technological advances and
structural political changes.

Sec. 29. Appropriations. – The amount necessary to carry out the provisions of
this Act shall be provided in a supplemental budget or included in the General
Appropriations Act of the year of its enactment into law. Thereafter, the
expenses for its continued implementation shall be included in the subsequent
General Appropriations Act.
REPUBLIC ACT No. 10590

AN ACT AMENDING REPUBLIC ACT NO. 9189, ENTITLED "AN ACT PROVIDING
FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF
THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Section 1 of Republic Act No. 9189 is hereby amended to read as

follows:

"SECTION 1. Short Title. - This Act shall be known as 'The Overseas Voting Act of
2013′."

Section 2. Section 3 of Republic Act No. 9189 is hereby amended to read as

follows:

"SEC. 3. Definition of Terms. - For purposes of this Act:

"(a) Certified List of Overseas Voters (CLOV) refers to the list of registered
overseas voters whose applications to vote overseas have been approved by the
Commission, said list to be prepared by the Office for Overseas Voting of the
Commission, on a country-by-country and post-by-post basis. The list shall be
approved by the Commission in an en banc resolution.

"(b) Commission refers to the Commission on Elections.

"(c) Day of Election refers to the actual date of elections in the Philippines.

"(d) Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS) refers

to the secretariat based at the Department of Foreign Affairs (DFA) home office
tasked to assist the Office for Overseas Voting (OFOV) under the Commission,
and to direct, coordinate and oversee the participation of the DFA in the
implementation of the Overseas Voting Act.
"(e) Field Registration refers to the conduct of registration of overseas voters at
predetermined locations, either in the Philippines, as may be determined by the
Commission, or outside the posts, upon the favorable recommendation of the
DFA-OVS, both being of limited duration and based on the guidelines prescribed
by the Commission for that exclusive purpose; the government shall not collect
fees for the same.

"(f) Mobile Registration refers to the conduct of registration of overseas voters at

various locations outside the posts, other than at field registrations, undertaken
as part of the posts' mobile consular and outreach activities to Filipinos within
their jurisdictions.

"(g) Municipal/City/District Registry of Overseas Voters (ROV) refers to the

consolidated list prepared, approved and maintained by the Commission for
every municipality/city/district of overseas voters whose applications for
registration as such, including those registered voters under Republic Act No.
8189, 'Voter's Registration Act of 1996′, who applied for certification as overseas
voters, have been approved by the Election Registration Board and/or resident
Election Registration Board.

"(h) National Registry of Overseas Voters (NROV) refers to the consolidated list
prepared, approved and maintained by the Commission of overseas voters
whose applications for registration as overseas voters, including those registered
voters under Republic Act No. 8189 who have applied to be certified as overseas
voters, have been approved by the resident Election Registration Board,
indicating the post where the overseas voter is registered.

"(i) Office for Overseas Voting (OFOV) refers to the Office of the Commission
tasked to oversee and supervise the effective implementation of the Overseas
Voting Act.

"(j) Overseas Voter refers to a citizen of the Philippines who is qualified to

register and vote under this Act, not otherwise disqualified by law, who is abroad
on the day of elections.

"(k) Overseas Voting refers to the process by which qualified citizens of the
Philippines abroad exercise their right to vote.
"(l) Posts refer to the Philippine embassies, consulates, foreign service
establishments and other Philippine government agencies maintaining offices
abroad and having jurisdiction over the places where the overseas voters reside.

"(m) Resident Election Registration Board (RERB) refers to the in-house Election
Registration Board in every post and in the OFOV, which processes, approves or
disapproves all applications for registration and/or certification as overseas
voters, including the deactivation, reactivation and cancellation of registration
records.

"(n) Seafarers refer to ship officers and ratings manning ships, including offshore
workers, service providers and fishermen, as denned in the revised rules on the
issuance of seafarer's identification and record book of the Maritime Industry
Authority.

"(o) Special Ballot Reception and Custody Group (SBRCG) refers to the group
constituted by the Commission to receive and take custody of all accountable and
other election forms, supplies and paraphernalia from the OFOV for transmittal
to the Special Board of Election Inspectors and Special Board of Canvassers.

"(p) Special Board of Canvassers (SBOC) refers to the body deputized by the
Commission to canvass the overseas voting election returns submitted to it by
the Special Board of Election Inspectors.

"(q) Special Board of Election Inspectors (SBEI) refers to the body deputized by
the Commission to conduct the voting and counting of votes.

"(r) Voting Period refers to a continuous thirty (30)-day period, the last day of
which is the day of election, inclusive of established holidays in the Philippines
and of such other holidays in the host countries."

Section 3. Section 4 of the same Act is hereby amended to read as follows:

"SEC. 4. Coverage. - All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least eighteen (18) years of age on the day of elections,
may vote for President, Vice-President, Senators and Party-List Representatives,
as well as in all national referenda and plebiscites."
Section 4. Section 5 of the same Act is hereby amended to read as follows:

"SEC. 5. Disqualifications. - The following shall be disqualified from registering

and voting under this Act:

"(a) Those who have lost their Filipino citizenship in accordance with Philippine
laws;

"(b) Those who have expressly renounced their Philippine citizenship and who
have pledged allegiance to a foreign country, except those who have reacquired
or retained their Philippine citizenship under Republic Act No. 9225, otherwise
known as the 'Citizenship Retention and Reacquisition Act of 2003′;

"(c) Those who have committed and are convicted in a final judgment by a
Philippine court or tribunal of an offense punishable by imprisonment of not less
than one (1) year, such disability not having been removed by plenary pardon or
amnesty: Provided, however, That any person disqualified to vote under this
subsection shall automatically acquire the right to vote upon the expiration of
five (5) years after service of sentence; and

"(d) Any citizen of the Philippines abroad previously declared insane or

incompetent by competent authority in the Philippines or abroad, as verified by
the Philippine embassies, consulates or foreign service establishments
concerned, unless such competent authority subsequently certifies that such
person is no longer insane or incompetent."

Section 5. Section 6 of the same Act is hereby amended to read as follows:

"SEC. 6. Personal Overseas Registration and/or Certification. - Registration

and/or certification as an overseas voter shall be done in person at any post
abroad or at designated registration centers outside the post or in the
Philippines approved by the Commission.

"Field and mobile registration centers shall be set up by the posts concerned to
ensure accessibility by the overseas voters.
"All applicants shall submit themselves for live capture of their biometrics.

"The Commission shall issue an overseas voter identification card to those whose
applications to vote have been approved."

Section 6. A new Section 7 of the same Act is hereby inserted to read as follows:

"SEC. 7. Resident Election Registration Board (RERB); Composition,

Appointment, Disqualification and Compensation. - The RERB shall be composed
of the following:

"(a) A career official of the DFA, as Chairperson;

"(b) The most senior officer from the Department of Labor and Employment
(DOLE) or any government agency of the Philippines maintaining offices abroad,
as member: Provided, That in case of disqualification or nonavailability of the
most senior officer from the DOLE or any government agency of the Philippines
maintaining offices abroad, the Commission shall designate a career official from
the embassy or consulate concerned; and

"(c) A registered overseas voter of known probity, as member.

"The Commission shall appoint the members of the RERB upon the
recommendation of the DFA-OVS.

"The RERB in the OFOV shall be based in the main office of the Commission and
shall be composed of a senior official of the Commission as the Chairperson and
one (1) member each from the DFA and the DOLE, whose rank shall not be lower
than a division chief or its equivalent.

"No member of the RERB shall be related to each other or to an incumbent

President, Vice-President, Senator or Member of the House of Representatives
representing the party-list system of representation, within the fourth civil
degree of consanguinity or affinity.
"Each member of the RERB shall be entitled to an honorarium at the rates
approved by the Department of Budget and Management (DBM)."

Section 7. A new Section 8 of the same Act is hereby inserted to read as follows:

"SEC. 8. Duties and Functions of the RERB. - The RERB shall have the following
duties and functions:

"(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as
the case may be, and in their respective websites, the names of the applicants
and the dates when their applications shall be heard, as well as the place where
the RERB will hold its hearing;

"(b) Notify, through the OFOV, all political parties and other parties concerned of
the pending applications through a weekly updated publication in the website of
the Commission;

"(c) Act on all applications received;

"(d) Notify all applicants, whose applications have been disapproved, stating the
reasons for such disapproval;

"(e) Prepare a list of all approved applications during each hearing and post the
same at the bulletin boards of the embassy or consulates or at the OFOV, as the
case may be, and in their respective websites;

"(f) Deactivate the registration records of overseas voters; and

"(g) Perform such other duties as may be consistent with its functions as
provided under this Act."

Section 8. A new Section 9 of the same Act is hereby inserted to read as follows:
"SEC. 9. Petition for Exclusion, Motion for Reconsideration, Petition for Inclusion.
-

"9.1. Petition for Exclusion. - If the application has been approved, any interested
party may file a petition for exclusion not later than one hundred eighty (180)
days before the start of the overseas voting period with the proper
Municipal/Metropolitan Trial Court in the City of Manila or where the overseas
voter resides in the Philippines, at the option of the petitioner.

"The petition shall be decided on the basis of the documents submitted within
fifteen (15) days from its filing, but not later than one hundred twenty (120)
days before the start of the overseas voting period. Should the Court fail to
render a decision within the prescribed period, the ruling of the RERB shall be
considered affirmed.

"9.2. Motion for Reconsideration. - If the application has been disapproved, the
applicant or the authorized representative shall have the right to file a motion
for reconsideration before the RERB within a period of five (5) days from receipt
of the notice of disapproval. The motion shall be decided within five (5) days
after its filing on the basis of documents submitted but not later than one
hundred twenty (120) days before the start of the overseas voting period. The
resolution of the RERB shall be immediately executory, unless reversed or set
aside by the Court.

"9.3. Petition for Inclusion. - Within ten (10) days from receipt of notice denying
the motion for reconsideration, the applicant may file a petition for inclusion
with the proper Municipal/Metropolitan Trial Court in the City of Manila or
where the overseas voter resides in the Philippines, at the option of the
petitioner.

"The petition shall be decided on the basis of the documents submitted within
fifteen (15) days from filing, but not later than one hundred twenty (120) days
before the start of the overseas voting period. Should the Court fail to render a
decision within the, prescribed period, the RERB ruling shall be considered
affirmed.

"Qualified Philippine citizens abroad who have previously registered as voters

pursuant to Republic Act No. 8189, otherwise known as the 'Voter's Registration
Act of 1996′, shall apply for certification as overseas voters and for inclusion in
the NROV. In case of approval, the Election Officer concerned shall annotate the
fact of registration/certification as overseas voter before the voter's name as
appearing in the certified voters' list and in the voter's registration records."

Section 9. A new Section 10 of the same Act is hereby inserted to read as follows:

"SEC. 10. Transfer of Registration Record. - In the event of change of voting

venue, an application for transfer of registration record must be filed by the
overseas voter with the OFOV, through its Chairperson, at least one hundred
eighty (180) days prior to the start of the overseas voting period: Provided, That
those who would eventually vote in the Philippines should register within the
time frame provided for local registration in the municipality, city or district
where they intend to vote: Provided, further, That those who have registered in
the municipality, city or district where they resided prior to their departure
abroad need not register anew: Provided, finally, That transferees shall notify the
OFOV, through its Chairperson, of their transfer back to the Philippines at least
one hundred eighty (180) days prior to the next national elections for purposes
of cancelling their names from the CLOV and of removing their overseas voter's
registration from the book of voters."

Section 10. Section 7 of the same Act is hereby renumbered as Section 11 and is
amended to read as follows:

"SEC. 11. System of Continuing Registration. - The Commission shall ensure that
the benefits of the system of continuing registration are extended to qualified
overseas voters. Registration shall commence not later than six (6) months after
the conduct of the last national elections. Towards this end, the Commission shall
be authorized to utilize and optimize the use of existing facilities, personnel and
mechanisms of the various government agencies for purposes of data gathering
and validation, information dissemination and facilitation of the registration
process.

"Pre-departure Orientation Seminars (PDOS), services and mechanisms offered

and administered by the DFA, the DOLE, the Philippine Overseas Employment
Administration (POEA), the Overseas Workers' Welfare Administration
(OWWA), the Commission on Filipinos Overseas and by other appropriate
agencies of the government and private agencies providing the same services
shall include the salient features of this Act and shall be utilized for purposes of
supporting the overseas registration and voting processes.
"All employment contracts processed and approved by the POEA shall state the
right of migrant workers to exercise their constitutional right of suffrage within
the limits provided for by this Act."

Section 11. Section 8 of the same Act is hereby renumbered as Section 12 and is
amended to read as follows:

"SEC. 12. Requirements for Registration. - Every Filipino registrant shall be

required to furnish the following documents:

"(a) A valid Philippine passport. In the absence of a valid passport, a certification

of the DFA that it has reviewed the appropriate documents submitted by the
applicant and has found them sufficient to warrant the issuance of a passport, or
that the applicant is a holder of a valid passport but is unable to produce the
same for a valid reason;

"(b) Accomplished registration form prescribed by the Commission; and

"(c) Applicants who availed themselves of the 'Citizen Retention and

Reacquisition Act' (Republic Act No. 9225) shall present the original or certified
true copy of the order of approval of their application to retain or reacquire their
Filipino citizenship issued by the post or their identification certificate issued by
the Bureau of Immigration.

"The Commission may also require, additional data to facilitate registration and
recording.1âwphi1 No information other than those necessary to establish the
identity and qualification of the applicant shall be required.

"All applications for registration and/or certification as an overseas voter shall

be considered as applications to vote overseas. An overseas voter is presumed to
be abroad until she/he applies for transfer of her/his registration records or
requests that her/his name be cancelled from the NROV."

Section 12. Section 9 of the same Act is hereby renumbered as Section 13 and is
amended to read as follows:
"SEC. 13. National Registry of Overseas Voters (NROV). - The Commission shall
maintain a National Registry of Overseas Voters or NROV containing the names
of registered overseas voters and the posts where they are registered.

"Likewise, the Commission shall maintain a registry of voters (ROV) per

municipality, city or district containing the names of registered overseas voters
domiciled therein. The Commission shall provide each and every municipality,
city or district with a copy of their respective ROVS for their reference."

Section 13. A new Section 14 of the same Act is hereby inserted to read as
follows:

"SEC. 14. Deactivation of Registration. - The RERB shall deactivate and remove
the registration records of the following persons from the corresponding book of
voters and place the same, properly marked and dated, in the inactive file after
entering any of the following causes of deactivation:

"(a) Any person who has been sentenced by final judgment by a Philippine court
or tribunal to suffer imprisonment for not less than one (1) year, such disability
not having been removed by plenary pardon or amnesty: Provided, however,
That any person disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon the expiration of five (5) years after service of
sentence, as certified by the Clerks of Courts of the Municipal, Municipal Circuit,
Metropolitan, Regional Trial Courts or the Sandiganbayan;

"(b) Any person declared by competent authority to be insane or incompetent,

unless such disqualification has been subsequently removed by a declaration of a
proper authority that such person is no longer insane or incompetent;

"(c) Any person who did not vote in two (2) consecutive national elections as
shown by voting records; and

"(d) Any person whose registration has been ordered excluded by the courts.

"The fact of deactivation shall be annotated in the NROV and the corresponding
ROV."
Section 14. Section 10 of the same Act is hereby renumbered as Section 15.

"SEC. 15. Notice of Registration and Election. - The Commission shall, through the
posts cause the publication in a newspaper of general circulation of the place,
date and time of the holding of a regular or special national election and the
requirements for the participation of qualified citizens of the Philippines abroad,
at least six (6) months before the date set for the filing of applications for
registration.

"The Commission shall determine the countries where publication shall be made,
and the frequency thereof, taking into consideration the number of overseas
Filipinos present in such countries. Likewise, the Commission and the DFA shall
post the same in their respective websites."

Section 15. Sections 11 and 12 of the same Act are hereby deleted.

Section 16. A new Section 16 of the same Act is hereby inserted to read as
follows:

"SEC. 16. Reactivation of Registration. - Any overseas voter whose registration

has been deactivated pursuant to the preceding section may file with the RERB
at any time, but not later than one hundred twenty (120) days before the start of
the overseas voting period, a sworn application for reactivation of registration
stating that the grounds for the deactivation no longer exist."

Section 17. A new Section 17 of the same Act is hereby inserted to read as
follows:

"SEC 17. Cancellation of Registration. - The RERB shall cancel the registration
records of those who have died, as certified by either the posts or by the local
civil registrar, and those who have been proven to have lost their Filipino
citizenship."

Section 18. A new Section 18 of the same Act is hereby inserted to read as
follows:
"SEC. 18. Voters Excluded from the NROV Through Inadvertence. - Any
registered overseas voter whose name has been inadvertently omitted from the
NROV may, personally or through an authorized representative, file with the
RERB through the OFOV or the post exercising jurisdiction over the voter's
residence, an application under oath for reinstatement not later than one
hundred twenty (120) days before the start of the voting period.

"The RERB shall resolve the application within one (1) month from receipt
thereof, otherwise the application shall be deemed approved."

Section 19. A new Section 19 of the same Act is hereby inserted to read as
follows:

"SEC. 19. Application for Correction of Entries and Change of Name. - Any
registered overseas voter who intends to change her/his name by reason of
marriage, death of husband, or final court judgment; or to correct a mispelled
name or any erroneous entry in the NROV, CLOV and voter's identification card
may, personally or through an authorized representative, file an application
under oath for change of name or correction of entries with the RERB through
the OFOV or the post exercising jurisdiction over the voter's residence not later
than ninety (90) days before the start of the voting period.

"The RERB shall resolve the application within one (1) month from receipt
thereof, otherwise the application shall be deemed approved."

Section 20. Section 13 of the same Act is hereby renumbered as Section 20 and is
amended to read as follows:

"SEC. 20. Preparation and Posting of Certified List of Overseas Voters. - The
Commission shall prepare the Certified List of Overseas Voters or CLOV not later
than ninety (90) days before the start of the overseas voting period, and furnish
within the same period electronic and hard copies thereof to the appropriate
posts, which shall post the same in their bulletin boards and/or websites within
ten (10) days from receipt thereof.

"Subject to reasonable regulation and the payment of fees in such amounts as

may be fixed by the Commission, the candidates, political parties, accredited
citizens' arms, and all other interested persons shall be furnished copies thereof:
Provided, That nongovernmental organizations and other civil society
organizations accredited by and working with the Commission as partners on
overseas voters' education and participation shall be exempt from the payment
of fees."

Section 21. Section 14 of the same Act is hereby renumbered as Section 21 and is
amended to read as follows:

"SEC. 21. Printing and Transmittal of Ballots, Voting Instructions, Election Forms
and Paraphernalia. -

"21.1. The Commission shall cause the printing of ballots for overseas voters, and
all other accountable election forms in such number as may be necessary, but in
no case shall these exceed the total number of approved applications. Security
markings shall be used in the printing of ballots for overseas voters.

"21.2. The Commission shall present to the authorized representatives of the

DFA and of the accredited major political parties the ballots for overseas voters,
voting instructions, election forms and other election paraphernalia for scrutiny
and inspection prior to their transmittal to the posts.

"21.3. The Commission shall transmit, as far as practicable, but not later than
forty-five (45) days before the day of elections, by special pouch to all posts the
exact number of ballots for overseas voters corresponding to the number of
approved applications, along with such accountable forms necessary to ensure
the secrecy and integrity of the election.

"21.4. The authorized representatives of accredited major political parties shall

have the right to be present in all phases of printing, transmittal, and casting of
mailed ballots abroad. Unclaimed ballots properly marked as such, shall be
cancelled and shipped to the Commission by the least costly method."

Section 22. Section 15 of the same Act is hereby renumbered as Section 22 and is
amended to read as follows:

"SEC. 22. Regulation on Campaigning Abroad. - Personal campaigning, the use of

campaign materials, as well as the limits on campaign spending shall be
governed by the laws and regulations applicable in the Philippines: Provided,
That all forms of campaigning abroad within the thirty (30)-day overseas voting
period shall be prohibited."

Section 23. A new Section 23 of the same Act is hereby inserted to read as
follows:

"SEC. 23. Voting. - Voting may be done either personally, by mail or by any other
means as may be determined by the Commission. For this purpose, the
Commission shall issue the necessary guidelines on the manner and procedures
of voting.

"The OFOV, in consultation with the DFA-OVS, shall determine the countries
where voting shall be done by any specific mode, taking into consideration the
minimum criteria enumerated under this Act which shall include the number of
registered voters, accessibility of the posts, efficiency of the host country's
applied system and such other circumstances that may affect the conduct of
voting.

"The Commission shall announce the specific mode of voting per country/post at
least one hundred twenty (120) days before the start of the voting period."

Section 24. Section 16 of the same Act is hereby renumbered as Section 24 and is
amended to read as follows:

"SEC. 24. Casting and Submission of Ballots. -

"24.1. Upon receipt by the SBEI of the ballots for overseas voters, voting
instructions, election forms and other paraphernalia, they shall make these
available on the premises to the qualified overseas voters in their respective
jurisdictions during the thirty (30) days before the day of elections when
overseas voters may cast their vote. Immediately upon receiving it, the overseas
voter must fill-out her/his ballot personally, in secret, without leaving the
premises of the posts concerned.

"24.2. The overseas voter shall personally accomplish her/his ballot at the post
that has jurisdiction over the country where she/he temporarily resides or at
any polling place designated and accredited by the Commission.
"24.3. The overseas voter shall cast her/his ballot, upon presentation of the voter
identification card issued by the Commission or such other documents deemed
by the SBEI at the post as sufficient to establish the voter's identity.

"24.4. x x x

"24.5. The posts concerned shall keep a complete record of the ballots for
overseas voters, specifically indicating the number of ballots they actually
received, and in cases where voting by mail is allowed under Section 25 hereof,
the names and addresses of the voters to whom these ballots were sent,
including proof of receipt thereof. In addition, the posts shall submit a formal
report to the Commission and the Joint Congressional Oversight Committee
created under this Act within thirty (30) days from the day of elections. Such
report shall contain data on the number of ballots cast and received by the
offices, the number of invalid and unclaimed ballots and other pertinent data.

"24.6. Ballots not claimed by the overseas voters at the posts, in case of personal
voting, and ballots returned to the posts concerned, in the case of voting by mail,
shall be cancelled and shipped to the Commission by the least costly method
within six (6) months from the day of elections.

"24.7. Only ballots cast, and mailed ballots received by the posts concerned in
accordance with Section 25 hereof before the close of voting on the day of
elections shall be counted in accordance with Section 27 hereof. All envelopes
containing the ballots received by the posts after the prescribed period shall not
be opened, and shall be cancelled and shipped to the Commission by the least
costly method within six (6) months from the day of elections.

"24.8. A special ballot Reception and Custody Group composed of three (3)
members shall be constituted by the Commission from among the staff of the
posts concerned, including their attached agencies, and citizens of the
Philippines abroad, who will be deputized to receive ballots and take custody of
the same preparatory to their transmittal to the SBEI.

"24.9. x x x

"24.10. x x x."
Section 25. Section 17 of the same Act is hereby renumbered as Section 25 and is
amended to read as follows:

"SEC. 25. Voting by Mail. -

"25.1. x x x

"(a) x x x;

"(b) x x x; and

"(c) x x x.

"25.2. The overseas voter shall send her/his accomplished ballot to the
corresponding post that has jurisdiction over the country where she/he
temporarily resides. She/He shall be entitled to cast her/his ballot at any time
upon her/his receipt thereof: Provided, That the same is received before the
close of voting on the day of elections. The overseas absentee voter shall be
instructed that her/his ballot shall not be counted if not transmitted in the
special envelope furnished her/him.

"25.3. Only mailed ballots received by the post before the close of voting on the
day of elections shall be counted in accordance with Section 27 hereof. All
envelopes containing the ballots received by the posts after the prescribed
period shall not be opened, and shall be cancelled and disposed of appropriately,
with a corresponding report thereon submitted to the Commission not later than
thirty (30) days from the day of elections."

Section 26. A new Section 26 of the same Act is hereby inserted to read as
follows:

"SEC. 26. Voting Privilege of Members of the SBEI, SBRCG and SBOC. -
Government employees posted abroad who will perform election duties as
members of the SBEI, SBCRG and SBOC shall be allowed to vote in their
respective posts: Provided, That they are registered either in the Philippines or
as overseas voters."

Section 27. Section 18 of the same Act is hereby renumbered as Section 27 and is
amended to read as follows:

"SEC. 27. On-Site Counting and Canvassing. -

"27.1. x x x

"27.2. For these purposes, the Commission shall constitute as many SBEIs as may
be necessary to conduct and supervise the counting of votes as provided in
Section 27.2 hereof. The SBEIs to be constituted herein shall be composed of a
Chairman and two (2) members, one (1) of whom shall be designated as poll
clerk. The ambassador or consul-general, or any career public officer posted
abroad designated by the Commission, as the case may be, shall act as the
Chairman; in the absence of other government officers, the two (2) other
members shall be citizens of the Philippines who are qualified to vote under this
Act and deputized by the Commission not later than sixty (60) days before the
day of elections. All resolutions of the SBEIs on issues brought before it during
the conduct of its proceedings shall be valid only when they carry the approval of
the Chairman.

"Immediately upon the completion of the counting, the SBEIs shall transmit via
facsimile and/or electronic mail the results to the Commission in Manila and the
accredited major political parties.

"x x x

"27.3. x x x

"27.4. The SBOC composed of the highest ranking officer of the post as
Chairperson, a senior career officer from any of the government agencies
maintaining a post abroad and, in the absence of another government officer, a
citizen of the Philippines qualified to vote under this Act and deputized by the
Commission, as vice chairperson and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the SBEIs.
Immediately upon the completion of the canvass, the chairperson of the SBOC
shall transmit via facsimile, electronic mail, or any other means of transmission
equally safe and reliable the Certificates of Canvass and the Statements of Votes
to the Commission, and shall cause to preserve the same immediately after the
conclusion of the canvass, and make it available upon instructions of the
Commission. The SBOC shall also furnish the accredited major political parties
and accredited citizens' arms with copies thereof via facsimile, electronic mail
and any other means of transmission equally safe, secure and reliable.

"x x x

"27.5. x x x

"27.6. x x x. For purposes of this Act, the returns of every election for President
and Vice-President prepared by the SBOCs shall be deemed a certificate of
canvass of a city or a province.

"27.7. x x x."

Section 28. A new Section 28 of the same Act is hereby inserted to read as
follows:

"SEC. 28. Authority to Explore Other Modes or Systems Using Automated

Election System. - Notwithstanding current procedures and systems herein
provided, for the proper implementation of this Act and in view of the
peculiarities attendant to the overseas voting process, the Commission may
explore other more efficient, reliable and secure modes or systems, ensuring the
secrecy and sanctity of the entire process, whether paper-based, electronic-
based or internet-based technology or such other latest technology available, for
onsite and remote registration and elections and submit reports and/or
recommendations to the Joint Congressional Oversight Committee."

Section 29. A new Section 29 of the same Act is hereby inserted to read as
follows:

"SEC. 29. Procurement of Facilities, Equipment, Materials, Supplies or Services. -

To achieve the purpose of this Act, the Commission may, likewise, procure from
local or foreign sources, through purchase, lease, rent or other forms of
acquisition, hardware or software, facilities, equipment, materials, supplies or
services in accordance with existing laws, free from taxes and import duties,
subject to government procurement rules and regulations."

Section 30. A new Section 30 of the same Act is hereby inserted to read as
follows:

"SEC. 30. Establishment of an Office for Overseas Voting (OFOV) Under the
Commission. - The Commission is hereby authorized to establish an OFOV tasked
specifically to oversee and supervise the effective implementation of the
Overseas Voting Act: Provided, That its secretariat shall come from the existing
secretariat personnel of the Commission on Elections."

Section 31. A new Section 31 of the same Act is hereby inserted to read as
follows:

"SEC. 31. Creation of the Department of Foreign Affairs Overseas Voting

Secretariat (DFA-OVS). - A secretariat based in the DFA home office is hereby
created to assist the OFOV, and to direct, coordinate and oversee the
participation of the DFA in the implementation of the Overseas Voting Act:
Provided, That its secretariat shall come from the existing secretariat personnel
of the DFA."

Section 32. Section 19 of the same Act is hereby deleted.

Section 33. Section 20 of the same Act is hereby renumbered as Section 32 and is
amended to read as follows:

"SEC. 32. Information Campaign. - The Commission, in coordination with

agencies concerned, shall undertake an information campaign to educate the
public on the manner of overseas voting for qualified overseas voters. It may
require the support and assistance of the DFA, through the posts, the DOLE, the
Department of Transportation and Communications (DOTC), the Philippine
Postal Corporation (PPC), the POEA, the OWWA and the Commission on Filipinos
Overseas.

Such information campaign shall educate the Filipino public, within and outside
the Philippines, on the Philippine Electoral System, the rights of overseas voters,
overseas voting processes and other related concerns. Information materials
shall be developed by the Commission for distribution, through the said
government agencies and private organizations. No government agency shall
prepare, print, distribute or post any information material without the prior
approval of the Commission."

Section 34. Section 21 of the same Act is hereby renumbered as Section 33.

Section 35. Section 22 of the same Act is hereby renumbered as Section 34 and is
amended to read as follows:

"SEC. 34. Assistance from Government Agencies. - All government officers,

particularly from the DFA, the DOLE, the DOTC, the PPC, the POEA, the OWWA,
the Commission on Filipinos Overseas and other government offices concerned
with the welfare of the Filipinos overseas shall, to the extent compatible with
their primary responsibilities, assist the Commission in carrying out the
provisions of this Act. All such agencies or officers thereof shall take reasonable
measures to expedite all election activities, which the Commission shall require
of them. When necessary, the Commission may send supervisory teams headed
by career officers to assist the posts.

"Likewise, consular and diplomatic services rendered in connection with the

overseas voting processes shall be made available at no cost to the overseas
voters."

Section 36. Section 23 of the same Act is hereby renumbered as Section 35 and is
amended to read as follows:

"SEC. 35. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. - At
all stages of the electoral process, the Commission shall ensure that the secrecy
and integrity of the ballots are preserved. The OFOV of the Commission shall be
responsible for ensuring the secrecy and sanctity of the overseas voting process.
In the interest of transparency, all necessary and practicable measures shall be
adopted to allow representation of the candidates, accredited major political
parties, accredited citizens' arms and nongovernment organizations to assist,
and intervene in appropriate cases, in all stages of the electoral exercise and to
prevent any and all forms of fraud and coercion.

"No officer or member of the foreign service corps, including those belonging to
attached agencies shall be transferred, promoted, extended, recalled or
otherwise moved from his current post or position one (1) year before and three
(3) months after the day of elections, except upon the approval of the
Commission."

Section 37. Section 24 of the same Act is hereby renumbered as Section 36 and is
amended to read as follows:

"SEC. 36. Prohibited Acts. - In addition to the prohibited acts provided by law, it
shall be unlawful:

"36.1. For any officer or employee of the Philippine government to influence or

attempt to influence any person covered by this Act to vote, or not to vote, for a
particular candidate. Nothing in this Act shall be deemed to prohibit free
discussion regarding politics or candidates for public office;

"36.2. For any person to deprive another of any right secured in this Act, or to
give false information as to one's name, address, or period of residence for the
purposes of establishing the eligibility or ineligibility to register or vote under
this Act; or to conspire with another person for the purpose of encouraging the
giving of false information in order to establish the eligibility or ineligibility of
any individual to register or vote under this Act; or, to pay, or offer to pay, or to
accept payment either for application for registration, or for voting;

"36.3. For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in
any way tamper with the mail containing the ballots for overseas voters, the
ballot, the election returns, or any record, document or paper required for
purposes of this Act;

"36.4. For any deputized agent to refuse without justifiable ground, to serve or
continue serving, or to comply with one's sworn duties after acceptance of the
deputization;

"36.5. For any public officer or employee or accredited or deputized organization

or association to cause the preparation, printing, distribution or posting of
information or material, without the prior approval of the Commission;

"36.6. For any public officer or employee to cause the transfer, promotion,
extension, recall of any member of the foreign service corps, including members
of the attached agencies, or otherwise cause the movement of any such member
from the current post or position one (1) year before and three (3) months after
the day of elections, without securing the prior approval of the Commission;

"36.7. For any person who, after being deputized by the Commission to
undertake activities in connection with the implementation of this Act, shall
campaign for or assist, in whatever manner, candidates in the elections;

"36.8. For any person to engage in partisan political activity abroad during the
thirty (30)-day overseas voting period;

"36.9. For any person who is not a citizen of the Philippines to participate, by
word or deed, directly or indirectly through qualified organizations/associations,
in any manner and at any stage of the Philippine political process abroad,
including participation in the campaign and elections.

"The provision of existing laws to the contrary notwithstanding, and with due
regard to the Principle of Double Criminality, the prohibited acts described in
this section are electoral offenses and shall be punishable in the Philippines.

"The penalties imposed under Section 264 of the Omnibus Election Code, as
amended, shall be imposed on any person found guilty of committing any of the
prohibited acts as defined in this section: Provided, That the penalty of prision
mayor in its minimum period shall be imposed upon any person found guilty
under Section 36.3 hereof without the benefit of the operation of the
Indeterminate Sentence Law. If the offender is a public officer or a candidate, the
penalty shall be prision mayor in its maximum period. In addition, the offender
shall be sentenced to suffer perpetual disqualification to hold public office and
deprivation of the right to vote."

Section 38. Section 25 of the same Act is hereby renumbered as Section 37 and is
amended to read as follows:

"SEC. 37. Joint Congressional Oversight Committee. - A Joint Congressional

Oversight Committee is hereby created, composed of the Chairperson of the
Senate Committee on Constitutional Amendments, Revision of Codes and Laws,
and seven (7) other Senators designated by the Senate President, and the
Chairperson of the House Committee on Suffrage and Electoral Reforms, and
seven (7) other Members of the House of Representatives designated by the
Speaker of the House of Representatives: Provided, That, of the seven (7)
members to be designated by each House of Congress, four (4) should come from
the majority to include the chair of the Committee on Foreign Affairs and the
remaining three (3) from the minority.

"The Joint Congressional Oversight Committee shall have the power to monitor
and evaluate the implementation of this Act."

Section 39. Sections 26, 27 and 28 of the same Act are hereby renumbered as
Sections 38, 39 and 40, respectively.

Section 40. Section 29 of the same Act is hereby renumbered as Section 41 and is
amended to read as follows:

"SEC. 41. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the budgets of the Commission on Elections and the
DFA in the annual General Appropriations Act."

Section 41. Implementing Rules and Regulations. - The Commission shall

promulgate rules and regulations for the implementation and enforcement of the
provisions of this Act within sixty (60) days from the effectivity thereof.

In the formulation of the rules and regulations, the Commission shall coordinate
with the DFA, the DOLE, the POEA, the OWWA and the Commission on Filipinos
Overseas. Nongovernment organizations and accredited Filipino organizations
or associations abroad shall be consulted.